Banca de DEFESA: GUILHERME DE NEGREIROS DIÓGENES REINALDO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : GUILHERME DE NEGREIROS DIÓGENES REINALDO
DATA : 16/08/2019
HORA: 11:00
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO - auditório
TÍTULO:

The Criminal Justice and its Inquisitive Discourse

PALAVRAS-CHAVES:

Discourse Analysis. Holy Inquisition. Social adequacy to totalitarianism. Law as plans. Constitutional Theory of Criminal Procedure.

PÁGINAS: 199
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

The objective of this research is to analyze whether the structuring elements of

the punitive model consolidated with the performance of the ecclesiastical

tribunal of the Holy Inquisition - which are the maximization of criminal

threat, discursive armamentism, neutralization of sources of authority,

strengthening of social prejudices and disregard of defensive arguments - are

manifested in judicial decisions from the Brazilian criminal justice, and if

so, how would this occur. In order to fulfill this task, first an incursion is

made into the evolution of language theory in the period known as the

linguistic turn, as a effort to understand how language became an object of

study in Law. Subsequently, the foucaltian method of discourse analysis is used

in conjunction with the method of comparative data analysis known as

hermeneutic structuralism to verify if to some extent habeas corpus judgments issued by the Criminal Chamber of Rio

Grande do Norte Court of Justice between 01/05/2018 and 06/01/2018,

incorporated and expressed in its fundamentation the structuring elements of

the punitive model of the Holy Inquisition. Then, in order to find solutions to

the problem outlined, there is an engagement in reflections on the very

function of Law, starting with the notions of Legitimate Authority and Law

as Plans, which are then connected with the interpretative premises of the

Constitutional Theory of Criminal Procedure in order to explain the importance

of Criminal Law and your inherent plans to contemporary societies. Finally, it

is explained the permanent conflict between the interpretative premises of the

constitutional criminal process and the power relations they seek to regulate,

and then discuss the hermeneutic and institutional solutions presented by the

master plan of the Federal Constitution of Brazil to the problem of social

adequacy to totalitarianism.

MEMBROS DA BANCA:
Presidente - 1149384 - WALTER NUNES DA SILVA JUNIOR
Interna - 1753047 - MARIANA DE SIQUEIRA
Externo à Instituição - OLAVO HAMILTON AYRES FREIRE DE ANDRADE - UERN